Re: Let's have a real discussion about abortion
After countless petty arguments that break down into personal attacks in almost every abortion thread, we are long overdue for real, constructive discussions here. That means no matter how you feel about every pregnant citizen's right to have a legal abortion, you must avoid letting emotions rule and totally ignore the facts. Emotions are great, but facts always come first. If your opinions are based on emotions, they are worthless because there are no facts to support them. Yes, I am talking to the anti-choicers here, but pro-choicers have to do their part too. On both sides, the rule is, "If you can't prove it, you're wrong."
With all of that said, let's begin. The United States Constitution is very clear that zygotes, blastocysts, embryos, and fetuses have no rights and all girls and women have the rights to privacy, bodily autonomy, and lifestyle choices. This can't be denied. Also undeniable are the definitions of murder and homicide, which have always been limited to killing born humans for malicious reasons in both English dictionaries and books about law. So the abortion debate is not about if the right to have abortions does exist, but everything else - sociology, biology, maternity, crimes, and personal finance.
The highlighted portion of your post is the basis for your argument. It is empty.
Please cite the area of the Constitution in which the words in your sentence appear in the Constitution. Since those words DO NOT appear in the Constitution, you assertion is denied.
The Supreme Court decision regarding abortion was as legally well founded as the Supreme Court decisions rendered in Dred Scot and Plessy v Ferguson. Socially expedient, but morally unjustifiable.
Rights and privileges are accorded to many who are alive in the US who were not BORN in the USA and are not legally allowed to be here. Your argument is empty by your own standards.
If you were to murder an immigrant here illegally, you would be subject to penalties defined by your locality under the statutes defining murder and the illegality of it. "Born", then, has absolutely nothing to do with your argument.
Scott Peterson was convicted of two murders, not one, when he murdered his wife and their unborn child. THAT is legal precedent and is therefore a part of US Law.
That said, Abortion Considerations exists on two planes: Individual Morality and Societal Legality.
Our laws in the greatest part exist to stop the more powerful from abusing the less powerful. This rests on laws passed and accepted long before our country was founded.
The roof may not keep out the rain and the walls may not keep out the wind, but the door will keep out the King himself. In short, man's home is his castle. This translates to constitutional prohibition of illegal search and seizure.
In the State of Virginia, generally accepted to be part of the Union, killing a baby that is born is now considered to be legal by the Governor there. He does demand that it be made comfy until it's killed. So, there's that...
In view of the general goal of our laws to promote protection of the powerless from the powerful, it would seem that protecting the absolutely powerless unborn from the obviously more powerful adults killing it would be required.
However, if the unborn is brought to term outside of the states where post birth abortions are legal, then there is the issue of caring for the now born individual.
This responsibility is not accepted by the society. It is assigned to the mother. Here is where the Societal issues rise.
If the society is not required to provide the care, then the society cannot logically be allowed to make this decision. If you don't pay the money, you don't take the ride.
Since laws are written to guide societal issues, they by definition depart from individual morality.
As with Dred Scot and Plessy, the Roe v Wade decision and others made following it on the same topic ignored the individual morality part of the consideration and concentrated instead on the societally expedient part only.
Abotion is legal as it should be, but is morally unjustifiable. Legal and moral intersect in our legal system only by coincidence.
That is why the idiocy of the decisions of a person being only 3/5 of a person or the inane separate by equal definitions were accepted by the Supreme Court.
Strict adherence to Morality would have been too disruptive to society in these decisions. The same is true of abortion.